Your landlord can evict you for two reasons. The first type occurs when your
landlord wants to evict you for certain conduct. The
landlord will first have to let you know, in writing, that the eviction
is coming. This type of case is called a “holdover” proceeding.
In certain situations, the landlord will have to give you a
chance to fix the problem before continuing with the eviction case.

The second type occurs when your landlord wants to evict you
for nonpayment of rent. This type of case is called a “non-payment”
proceeding. The landlord must give you a rent demand (orally or in
writing) before starting the proceeding. If the rent issue is not
resolved, the landlord will give you a document called a notice of
petition and petition, which is the legal document that tells you where
and when you need to go to court and how much rent the landlord is
claiming.

Before beginning a nonpayment proceeding, your landlord must give you at least
three days in which to pay the rent or move out. If you fail to pay the
rent or move, your landlord can file for eviction. In either
case, the landlord will have to follow the law that may apply to your
situation and the terms of your lease. For instance, in rent
controlled and rent stabilized apartments, the landlord’s ability to
evict you is limited. But, whether you are subject to rent
stabilization/rent control or not, your landlord is not allowed to
simply lock you out or remove your belongings from your
apartment. This is called “self-help” and is not permitted.

Lease Protections

A tenant with a lease is protected from eviction during the lease
period so long as the tenant does not violate any substantial provision
of the lease or any local housing laws or codes. For both
regulated and unregulated apartments, landlords must give formal notice of their
intention to obtain legal possession of the apartment. Unless the
tenant vacates the premises by a specified date, the landlord may
commence eviction proceedings through: (a) a summary non-payment court
proceeding to evict a tenant who fails to pay the agreed rent when due
and to recover outstanding rent, or (b) a summary holdover proceeding for eviction if
a tenant significantly violates a substantial obligation under the
lease (such as using the premises for illegal purposes, or committing
or permitting a nuisance) or stays beyond the lease term without
permission.
[Real Property Actions and Proceedings Law (RPAPL) § 711]

Regulated Apartments

Landlords of rent regulated apartments may be required to seek approval
from DHCR before commencing a court proceeding, depending on the
grounds for eviction. Where a tenant fails to pay rent, is
causing a nuisance, damages the apartment or building, or commits other wrongful
acts, the owner may proceed directly in court. Other grounds,
such as where the owner seeks to demolish the building, require that the owner
first receive approval from DHCR. A tenant can be legally evicted
only after the landlord has brought a court proceeding and has obtained a
judgment of possession. A tenant should never ignore legal
papers; an eviction notice can still be sent if a tenant did not appear in court
to answer court papers (petition) sent by the landlord. Only a
sheriff, marshal or constable can carry out a court-ordered warrant to evict a
tenant. Landlords may not
evict a tenant by use of force or unlawful means. For example, a landlord
cannot use threats of violence, remove a tenant’s possessions, lock the
tenant out of the apartment, or willfully discontinue essential
services such as water or heat. When a tenant is evicted, the
landlord may not retain the tenant’s personal belongings or furniture. The
landlord must give the tenant a reasonable amount of time to remove all
belongings.
[RPAPL §749; Real Property Law § 235]

Unlawful Eviction

A tenant who is evicted from an apartment in a forcible or unlawful
manner is entitled to recover triple damages in a legal action against
the landlord. Landlords in New York City who use illegal methods
to force a tenant to move are also subject to both criminal and civil
penalties. Further, the tenant may be entitled to be restored to
occupancy.
[RPAPL § 853; NYC Admin. Code § 26-523, § 26-521]